Copyright Protection

In Ireland, there is no registration procedure for owners of a copyright work.Basically the act of creating a work also creates the copyright, which then subsists in the physical expression of the work. Copyrights are protected by law and illegal use of these rights can be contested in the Courts, the technical term for this misuse is infringement. The legislation provides for criminal offences and consequently infringers could face both civil liability and criminal convictions. Professional advice should be sought by copyright owners with regard to the options and the remedies available where infringement of their work occurs.It is most important that the originator of a work can show subsequently when the work and the consequential copyright were created as it may be necessary to commence or defend infringement proceedings, at some later stage. One way of doing this is to deposit a copy of the work with an acknowledged representative who may be a bank or solicitor in such a way as to allow the date and time of the deposit to be recorded or notarised. Alternatively, one may send a copy of the work to oneself by registered post (ensuring a clear date stamp on the envelope), retaining the original receipt of posting and leaving the envelope containing the copyright work unopened thus establishing that the work existed at that date and time.

Types of Patents

There are two types of Irish patents available.(1) Full-term patentsThese patents allow the inventor/applicant protection for up to 20 years. For a full-term patent to be granted, the applicant must provide evidence of the invention's novelty. This can be done by requesting a "Search Report" from the Office, or by submitting evidence of novelty.(2) Short-term patentsShort-term patents are designed to assist smaller inventors. These patents can also suit inventions where a shorter market life is expected, or inventions that are not technologically complex. These patents last for a maximum of ten years, and the applicant does not need to provide evidence of the invention's novelty. This effectively reduces the costs and length of time involved in getting an invention patented.Because procedures are generally simpler, short-term patents can be granted reasonably quickly and well within 12 months from the filing date if requirements are complied with promptly. If applications are made for both a short-term patent and a full-term patent in respect of the same invention, the short-term patent will become void when the full-term patent is granted.With some exceptions, the provisions relating to full-term patent applications and patents also apply to short-term patent applications and short-term patents. The main exceptions are:(i) The specification of a short-term patent application must not include more than five claims. The requirements of novelty and industrial applicability apply but instead of non-obviousness, it is sufficient that the invention be "not clearly lacking an inventive step". Neither a search report nor evidence of novelty in the form of a foreign patent specification is required in order that a short-term patent be granted.(ii) The filing fee, grant fee and renewal fees are only 50% of those for a full-term patent; and generally the procedures are simpler. This will be of particular interest to small enterprises and single inventors.(iii) Infringement proceedings can be brought in the Circuit Court (or in the High Court, as is required for full-term patents) irrespective of the amount of a claim.(iv) Before taking an action for infringement the owner of the short-term patent must either (a) request the Controller to have a search report prepared and send a copy of the report to the alleged infringer or (b) if a foreign search report or patent specification is available, furnish copies of such reports to the Controller as well as the alleged infringer. The reports referred to at (a) or (b) are published by the Controller.(v) A person other than the owner of the short-term patent whose legitimate business interests require a novelty search and who can show grounds for suspecting that the invention lacks novelty or is clearly lacking in inventive step may also request theController to have a search report prepared. Such a search report is published by the Controller.

What is a patent?

A patent confers upon its holder, for a limited period, the right to exclude others from exploiting (making, using, selling, importing) the patented invention, except with the consent of the owner of the patent.A patent is a form of 'industrial property', which can be assigned, transferred, licensed or used by the owner.Patents are territorial, in effect e.g. an Irish patent is only valid in Ireland.How long does a patent last?Irish patents, in common with most jurisdictions, have a maximum life span of twenty years. Ireland also offers a "short-term" patent, valid for a maximum of ten years. To maintain a patent in force, annual renewal fees must be paid each year from the third year.Patent pendingThis is a term often used on products to alert competitors that an application has been made to protect the invention.